S02_36C25721Q0003.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 64

36C25721Q0003 09-03-2020

ROBERT KELLEY 210-694-6312 09-11-2020

9AM

36C257

Department of Veterans Affairs VISN17 Network Contracting Activity 5441 Babcock Rd., Ste. 302 San Antonio TX 78240-3993

X

811219

$22 Million

NET 30 N/A

X

36C674

Department of Veterans Affairs Dallas Veterans HealthCare System Surgical Service (112) 4500 S. Lancaster Rd.

Dallas TX 75216

36C257

Department of Veterans Affairs VISN17 Network Contracting Activity 7400 Merton Minter Blvd. (10N17/90C) San Antonio TX 78229

769A2

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791 (512) 460-5540

See CONTINUATION Page

DESCRIPTION: LASER SERVICE

IAW: STATEMENT OF WORK

PERIOD OF PERFORMANCE: Base + 4 Option Years

See CONTINUATION Page

X X

X 1

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK (SOW)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020)

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 39

C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document: WAGE DETERMINATIONS_DALLAS COUNTY See attached document: WAGE DETERMINATIONS_TARRANT COUNTY

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (JUN 2020)

E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.6 52.216-1 TYPE OF CONTRACT (APR 1984)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C257

Department of Veterans Affairs

VISN17 Network Contracting Activity

7400 Merton Minter Blvd. (10N17/90C)

San Antonio TX 78229

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

SELECTION CRITERIA:

1. The Government intends to make award without discussions. However, it may be determined necessary to conduct discussions if award cannot be made on the initial proposals submitted. In this case, the Technical Evaluation Team (TET) will need to identify what questions the TET feels need to be asked of the offeror for the TET to complete the evaluation and make a recommendation for award.

2. Contract award will be made based on both price and technical considerations most advantageous to the Government IAW FAR Part 13.5

FACTOR 1: TECHNICAL CAPABILITY (Minimum Requirements)

a. Provide a written plan detailing your firm’s experience and capability of performing work similar to what is being required in the Statement of Work. No more than three (3) full pages. Your firm shall address the minimum requirements as follows: Contractor shall have at a minimum five (4) years of experience relevant to the required work.

b. Submit your firm’s registration info/certification and/or document showing that your firm is a approved/certified for Laser Service.

c. Provide Proof of Liability Insurance.

d. Provide information on how your firm will meet the Limitations on Subcontracting.

FACTOR 2: PAST PERFORMANCE

a. This factor considers the quality of the Offeror’s past performance in carrying out relevant work. Emphasis will be on recent, relevant past performance. Recent is defined as work performed within the last 4 years. Relevant is defined as work similar in size and scope of the work described in the Statement of Work.

b. Provide (3) references of work, similar in scope with contact information, brief description of the work completed, and contract # (if relevant). References will be checked by the Contracting Officer or Contracting Officers Representative to ensure your company can perform the Statement of Work.

c. Provide a list of all agencies/companies/firms with whom the offeror is performing or has performed relevant work within the last 5 years.

d. The following information should be included. (a) Agency/Company name. (b) Contract Dollar Value. (c) Period of Performance. (d) Name, Address, e-mail address, telephone & fax number of the reference.

e. Past performance information shall also be obtained from other sources available to the Government to include, but not limited to, CPARS (contractor performance retrieval system) or other databases; interviews with Program Managers, and other Contracting Officers.

FACTOR 3: PRICE

In this factor, price will be evaluated for reasonableness, completeness, and fairness by comparing the proposed prices with the Independent Government Estimate and prices posed by other offerors.

Base Year price, each Option Year Price, and Total price will be evaluated by the Government. In evaluating the offeror’s proposed price for this project. The techniques and procedures described under FAR 12.209, Determination of Price reasonableness, will be the primary means of assessing proposal reasonableness.

“Evaluations of Options"

For purposes of award of this Contract, the Government intends to evaluate the options and option to extend services under FAR 52.217-8 and FAR 52.217-9 as follows: The evaluation will consider the possibility that the options can be exercised per FAR 52.217-9 and option to extend per 52.217-8 can be exercised in increments of one to six months, but not for more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be those rates in effect under the contract each time an option is exercised under this clause. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

Provide prices on all line items listed on the Price/Cost Schedule.

B.2 STATEMENT OF WORK (SOW)

Laser Safety Officer

The contractor shall furnish a part-time (.15 to .25 FTE) Laser Safety Officer to monitor and enforce the control on laser hazards and to conduct the knowledgeable evaluation and control of laser hazards at the following locations:

VA North Texas Heath Care System (VANTHCS), at 4500 S. Lancaster Rd, Dallas, TX, 75216

VA Fort Worth Outpatient Clinic (FWOPC), at 2201 SE Loop 820, Fort Worth, TX, 76119

VA Garland Medical Center, at 2300 Marie Curie Dr., Garland, TX, 75042

Hours worked will generally be during administrative hours, Monday through Friday, 8:00 a.m. through 4:30 p.m. The contract employee will not be required to have on-call duty. Work on holidays observed by the Federal Government, after hours and weekends may be required in emergent situations. Performances of services may occur at the University of Texas Southwestern Medical Center at Dallas (UTSW) when directly benefiting VANTHCS, FWOPC, and VA Garland resident/staff attending physicians.

The target Period of Performance is: 10/1/20 – 9/30/21, based upon VA’s requirements, contractor’s performance, and the availability of funding.

QUALIFICATIONS:

• Hold current Board of Laser Safety (BLS) certification as a Certified Medical Laser Safety Officer (CMLSO).

• Have no health or physical disability restrictions that interfere with the performance of assigned duties.

PERFORMANCE OF SERVICES:

• Ensures compliance with requirements of medical surveillance of lasers found in the American National Standards Institute (ANSI) Z136.3-2005, American National Standard for Safe Use of Lasers in Health Care Facilities. Provides documentation essential for surveillance compliance.

• Oversees the VA North Texas Health Care System Laser Safety Program.

Evaluates laser hazards and installations and establishes laser control measures.

• Conducts a comprehensive safety review for every Class 2 or higher laser system where direct beam viewing cannot be avoided.

• Establishes a Nominal Hazard Zone (NHZ) in the space around a Class 3a or higher laser operated in open areas within the hospital in which exposure to laser light can exceed the Maximum Permissible Exposure (MPE) limit.

• Performs and documents initial safety evaluation.

• Reviews laser-related Integrated Work Sheet/Safety Plan (IWS/SP).

• Provides technical approval for personal protective equipment used to include laser safety eyewear for each laser.

• Conducts annual self-assessment of the Laser Safety Program and reports any deficiencies to the Senior Industrial Hygienist no later than September 30th of each year.

• Remains current with and serves as the subject-matter expert for the applicable Work Smart Standards (WSS).

• Evaluates and approves modifications to lasers and lasers being moved offsite.

• Provides VA staff education for nurses, surgeons, and technicians, including all new employees in the use of the laser.

• Assists with special scheduled VA surgical cases.

• Assists in the development of VA safety policies for VA physicians and VA staff nurses in the operating room and clinical settings. Advises specific safety devices required for each clinical setting.

• Maintains VA compliance with regulatory agencies by performing the following:

o Assists with the VA surgeon privileging process for laser use.

o Provides annual VA in-service training (provided training should be in accordance with Appendix F, ANSI Z136.3 – 2005) in laser activity for applicable staff to include VA operating room staff, clinic staff and surgeons.

o Provides consultation to biomedical staff for maintenance & repair of laser systems.

o Assists with the evaluation of all new lasers purchased or brought onto VA property.

o Provides a detailed summary of all laser training and a list of attendees to the Senior Industrial Hygienist.

DOCUMENT REQUIREMENTS:

For the Laser Safety Officer, the following should be included:

• CMLSO certification

• Resume including previous experience

• Professional References (3) minimum

• Liability Insurance

TIME AND ATTENDANCE REQUIREMENTS:

A. The Contracting Officer’s Technical Representative (COTR) shall establish and maintain a record keeping system that will record the services performed by the contract employee. This record-keeping system shall consist of time and attendance logs, signed by the contract employee each day services are provided, to ensure that required services have been received by VANTHCS.

Time and attendance logs must note if services were performed at UTSW.

Any incidents of Contractor non-compliance as evidenced by the monitoring procedure shall be forwarded immediately to the Contracting Officer.

B. Documentation of services performed shall be reviewed prior to certifying payment. Contract employee shall be present at VANTHCS, and shall be actually performing the required services as specified in the contract in order to receive payment. The VANTHCS shall pay for services actually performed and in strict accordance with Schedule of Supplies/Services. Contract monitoring and record-keeping procedures shall be sufficient to ensure proper payment and allow audit verification that services were provided.

CONTRACT PERFORMANCE MONITIOR:

The COTR, appointed in writing, will be responsible for monitoring contract employee’s performance.

The COTR will be responsible for monitoring the contract employee’s performance to ensure all specifications and requirements are fulfilled. The procedures used for work performance must be demonstrated through time and attendance logs, surgical room records or other appropriate records, that services called for in the contract, have been received. Any evidence of the contract employee’s non-compliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

A summary evaluation of contract employee’s performance, based upon the compliance of contract requirements as evidenced in the monitoring procedures shall be forwarded by the monitoring official to the Contracting Officer prior to exercising any options to extend for services.

CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

The Security Office (07A) has been advised that you will require a background investigation to occupy a Low Risk position. In order to comply with the requirements of 5 Code of Federal Regulations, 736-101 are as followed:

1. Position Sensitivity – The position sensitivity has been designated as Low Risk.

2. Background Investigation – The level of background investigation

Commensurate with the required level of access for this contract is National Agency Check with Written Inquiries (NACI).

Listed below are the risk levels, and background investigation levels:

Position Sensitivity Background Investigation Level

Designation

A. High Risk Background Investigation

B. Moderate Risk Minimum Background Investigation

C. Low Risk National Agency Check with written inquires

Contractor Responsibilities

A. The contractor shall bear the expense of obtaining background investigations.

If the Office of Personnel Management (OPM) conducts the investigation, the contractor shall reimburse VA within 30 days. If timely payment is not made within 30 days from date of bill for collection, then VA shall deduct the cost incurred from the contractor’s 1st month’s invoice(s) for services rendered.

B. The contractor shall submit or have their employees submit the following required forms to the Contracting Officer:

SF 85

OF - 306

FD 258, U.S. Department of Justice Fingerprint Chart

The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract and replaced. The replaced employee will be subject to a background investigation.

Failure to comply with the contractor personnel security requirements may results in termination of the contract for default.

GOVERNMENT RESPONSIBILITIES

C. The VA Office of Security and Law Enforcement and the Contracting Officer will provide the BI Packets to the contractor, after receiving a list of names, social security numbers and addresses of the contractor’s employees. Contractor and employees will complete the required forms and returned to the Contracting Officer.

D. Upon receipt, the VA Office of Security and Law Enforcement will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation.

E. The VA Office of Security and Law Enforcement will notify the Contracting Officer and Contractor after adjudicating the results of the background investigations received from OPM. The Contracting Officer will forward the Eligibility documents to the Contractor.

F. The Contracting Officer will ensure that the contractor provides evidence that the investigations have been completed or are in the process of being requested.

G. The VA Facility may pay for requested investigations in advance. A bill for collection will be sent to the contractor to reimburse the VA facility.

The Contractor will reimburse the VA facility within 30 days. If timely payment is not made within 30 days from date of bill for collection, then VA shall deduct the cost incurred from the contractor’s 1st month’s invoice(s) for services rendered.

F. The current fees associated with background investigations are $230.00 each for Low level, $825.00 each for Medium level, and $3,015.00.00 each for High level.

APPEARANCE: Contractor employees shall present a professional, conservative, and neat appearance. Contractor personnel shall report for duty in a professional manner, in appropriate attire befitting a health care setting, and having complied with socially acceptable standards of personal hygiene expected of health care workers.

PROTECTIVE CLOTHING: All hospital infection control standards must be followed while on duty. These items shall remain the property of the Government and shall not be removed from the facility. After use, protective clothing shall be turned in or destroyed as directed by the Chief of Service.

INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE: The Contractor shall provide and maintain adequate liability insurance coverage consistent with the risks associated with the performance of all services required by this SOW.

TRAINING AND CERTIFICATIONS: The Contractor will furnish copies of all necessary certifications. The Contractor employees are required to complete age-specific competency training as well as any training required by the VA in order to meet Joint Commission standards and guidelines. The Contractor employees are required to have BCLS certification. The Contractor shall bear half of FSS Net Ceiling Rate to train and orient the Contractor employees for a period not to exceed 40 hours.

CONTINUITY OF SERVICES/REPLACEMENT STAFF: The Contractor Point of Contact shall ensure qualified personnel are available to provide coverage during scheduled absences of primary contract employees or when they will be unable to provide services for three (3) or more scheduled shifts (substituted /replacement contract employee must be approved by the Operating Room – Nursing Service and be required to have a Background Check and most be credentialed by the VA.

PHYSICAL SECURITY: The Contractor shall safeguard all government property, including controlled forms provided for contractor use. At the close of each work period, government equipment, facilities, and other valuable materials shall be secured.

ENTRY PROCEDURES TO CONTROLLED/RESTRICTED AREAS: The Contractor shall implement local facility procedures for entry to controlled/restricted areas where Contractor employees will work.

OTHER: The Contractor shall return all keys, issued uniforms, identification media, and vehicle decals upon completion/termination of the contract, as appropriate. Final payment will not be made to the Contractor without these items returned to the Government.

NATIONAL HOLIDAYS:

The holidays observed by the Federal Government

1. New Year’s Day

2. President’s Day

3. Martin Luther King’s Birthday

4. Memorial Day

5. Independence Day

6. Labor Day

7. Columbus Day

8. Veterans Day

9. Thanksgiving

10. Christmas Day

11. Any other day specifically declared by the President of the United States to be a National Holiday.

EVALUATION FACTORS FOR LASER SAFETY OFFICER

EVALUATION CRITERIA

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The offeror shall submit a detailed technical proposal in a format which clearly addresses the evaluation factors. Each response shall address each factor in the sequence listed and clearly identify which factor is being addressed.

Surgical Service will evaluate the candidates presented by Acquisition and Material Management Service based on the following evaluation factors in descending order of importance:

(Please note that these factors are in descending order of importance)

• QUALIFICATIONS AND PROFESSIONAL CAPABILITIES

Hold current Board of Laser Safety (BLS) certification as a Certified Medical Laser Safety Officer (CMLSO).

Possess working knowledge and abilities to independently function in role of Laser Safety Officer.

Ability to effectively communicate, both orally and writing, with health care and administrative personnel.

• PAST PERFORMANCE

Work experience

Disciplinary or Board actions

References

3. PRICE

1. Information Technology Security requirements section

As prescribed in 839.201, insert the following clause:

The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with

VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive

Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a

Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security

Clearance must be processed through the Special Security Officer located in the Planning and

National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S.

to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data

General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure

VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media

Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business

Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of

VA

sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR.

4. GENERAL RULES OF BEHAVIOR

a. Rules of Behavior are part of a comprehensive program to provide complete information security. These rules establish standards of behavior in recognition of the fact that knowledgeable users are the foundation of a successful security program. Users must understand that taking personal responsibility for the security of their computer and the information it contains is an essential part of their job.

b. The following rules apply to all VA contractors. I agree to:

(1) Follow established procedures for requesting, accessing, and closing user accounts and access. I will not request or obtain access beyond what is normally granted to users or by what is outlined in the contract.

(2) Use only systems, software, databases, and data which I am authorized to use, including any copyright restrictions.

(3) I will not use other equipment (OE) (non-contractor owned) for the storage, transfer, or processing of VA sensitive information without a VA CIO approved waiver, unless it has been reviewed and approved by local management and is included in the language of the contract. If authorized to use OE IT equipment, I must ensure that the system meets all applicable 6500 Handbook requirements for OE.

(4) Not use my position of trust and access rights to exploit system controls or access information for any reason other than in the performance of the contract.

(5) Not attempt to override or disable security, technical, or management controls unless expressly permitted to do so as an explicit requirement under the contract or at the direction of the COTR or ISO. If I am allowed or required to have a local administrator account on a government-owned computer, that local administrative account does not confer me unrestricted access or use, nor the authority to bypass security or other controls except as expressly permitted by the VA CIO or CIO's designee.

(6) Contractors’ use of systems, information, or sites is strictly limited to fulfill the terms of the contract. I understand no personal use is authorized. I will only use other Federal government information systems as expressly authorized by the terms of those systems. I accept that the restrictions under ethics regulations and criminal law still apply.

(7) Grant access to systems and information only to those who have an official need to know.

(8) Protect passwords from access by other individuals.

(9) Create and change passwords in accordance with VA Handbook 6500 on systems and any devices protecting VA information as well as the rules of behavior and security settings for the particular system in question.

(10) Protect information and systems from unauthorized disclosure, use, modification, or destruction. I will only use encryption that is FIPS 140-2 validated to safeguard VA sensitive information, both safeguarding VA sensitive information in storage and in transit regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with the VA.

(11) Follow VA Handbook 6500.1, Electronic Media Sanitization to protect VA information. I will contact the COTR for policies and guidance on complying with this requirement and will follow the COTR's orders.

(12) Ensure that the COTR has previously approved VA information for public dissemination, including e-mail communications outside of the VA as appropriate.

I will not make any unauthorized disclosure of any VA sensitive information through the use of any means of communication including but not limited to e-mail, instant messaging, online chat, and web bulletin boards or logs.

(13) Not host, set up, administer, or run an Internet server related to my access to and use of any information assets or resources associated with my performance of services under the contract terms with the VA unless explicitly authorized under the contract or in writing by the COTR.

(14) Protect government property from theft, destruction, or misuse. I will follow

VA

directives and handbooks on handling Federal government IT equipment, information, and systems. I will not take VA sensitive information from the workplace without authorization from the COTR.

(15) Only use anti-virus software, antispyware, and firewall/intrusion detection software authorized by VA. I will contact the COTR for policies and guidance on complying with this requirement and will follow the COTR's orders regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with VA.

(16) Not disable or degrade the standard anti-virus software, antispyware, and/or firewall/intrusion detection software on the computer I use to access and use information assets or resources associated with my performance of services under the contract terms with VA. I will report anti-virus, antispyware, firewall or intrusion detection software errors, or significant alert messages to the COTR.

(17) Understand that restoration of service of any VA system is a concern of all users of the system.

(18) Complete required information security and privacy training, and complete required training for the particular systems to which I require access.

2. RECORDS MANAGEMENT: All records (administrative and program specific) created during the period of the contract belong to VA North Texas Health Care System (VANTHCS) and must be returned to VANTHCS at the end of the contract or destroyed in accordance to the VHA Record Control Schedule (RCS)10-1.

NARA RM Language Clause to be included in contracts:

NARA Records Management Language for Contracts (May 2017)

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. North Texas Healthcare System and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation.

Records may not be removed from the legal custody of North Texas Healthcare System or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to North Texas Healthcare System. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to North Texas Healthcare System control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle].

Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and North Texas Healthcare System guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with North Texas Healthcare System policy.

8. The Contractor shall not create or maintain any records containing any non-public North Texas Healthcare System information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The North Texas Healthcare System owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which North Texas Healthcare System shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #3873736, Records Management for Records Officers and Liaisons. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

3. END OF CONTRACT: Contractor guarantees that all equipment covered in this contract shall meet or exceed manufacturer’s performance specifications at the contract expiration date.

End of Contract:

The Contractor guarantees that all equipment covered in this contract shall meet or exceed manufacturer’s performance specifications at the contract expiration date. At the end of the contract term and within the two weeks following the award to the new Contractor, there will be a final inspection of all equipment at which the Contractor, the new Contractor and the Contracting Official’s Technical Representative will be present.

Any deficiencies noted will be the responsibility of the previous Contractor and shall be corrected by the terms of this contract.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

Laser Safety Officer Services to provide laser safety oversight, training, and maintenance to VANTHCS and FWOPC facility staff in accordance with the statement of work.

Contract Period: Base POP Begin: 10-01-2020 POP End: 09-30-2021

LOCAL STOCK NUMBER: N/A

maintenance to VANTHCS and FWOPC facility staff in accordance with the statement of work.

Contract Period: Option 1 POP Begin: 10-01-2021 POP End: 09-30-2022 maintenance to VANTHCS and FWOPC facility staff in accordance with the statement of work.

Contract Period: Option 2 POP Begin: 10-01-2022 POP End: 09-30-2023 maintenance to VANTHCS and FWOPC facility staff in accordance with the statement of work.

Contract Period: Option 3 POP Begin: 10-01-2023 POP End: 09-30-2024 maintenance to VANTHCS and FWOPC facility staff in accordance with the statement of work.

Contract Period: Option 4 POP Begin: 10-01-2024 POP End: 09-30-2025

6.00 MO __________________ __________________

maintenance to VANTHCS and FWOPC facility staff in accordance with the statement of work.

IAW: FAR 52.217-8 (6 Month Extension)

Contract Period: Option 5 POP Begin: 10-01-2025 POP End: 03-31-2026

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

OCT 2018

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JUN 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C.

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved]

[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (16) 52.219-8,…